These terms of use ("Terms of Use") are designed to regulate the relationship between the User and/or Client («You») and Skilltoreal s. r. o.("Company" , "We" or "Us") hereinafter – "eSIMD".
By accessing, downloading, or using the Platform (including the website https://esimd.app/, and/or mobile application eSIMD, and/or any related services), You acknowledge that You have read, understood, and unconditionally accepted all provisions set forth in these Terms of Use; You agree to be legally bound by this Agreement as if signed in writing.
In case if You do not agree to any term of this Agreement, You are expressly prohibited from accessing or using the Platform in any manner, purchasing, activating, or utilizing any Services. We reserve the right to amend these Terms of Use at any time. Continued use of the Platform after changes constitutes acceptance of the revised Terms.
By accepting these Terms of Use or by accessing/using any Services, You expressly represent and warrant that You have reached the age of majority in Your jurisdiction of residence and You possess full legal capacity to enter into binding contractual obligations.
"Platform"means the App and the Site
"App"means a proprietary software application under the name "eSIMD", available on digital distribution platforms including but not limited to Apple's App Store and Google Play, through which Users may access and use the Services; as well as a mobile-optimized website operated byeSIMD, accessible via https://esimd.app/.
"Data Plan" means a prepaid mobile data plan for international roaming, offered by eSIMD through the Platform, which provides a specified quantity of internet bandwidth ("Data") for use in designated territories. It is also subject to: the terms, coverage maps, and fair usage policies of the relevant Carrier Partner; and the specific limitations (e.g., validity period, data cap) stated at the time of purchase.
"eSIM"means a subscriber identity module (SIM) that is embedded directly to a User’s device.The eSIM (eUICC) is used for Roaming and other Services.
"Service(s)"means collectively the provision of Data Packages (as defined herein) for mobile data connectivity, along with access to and use of eSIM technology for remote profile provisioning. For avoidance of doubt, "Services" do not include underlying telecommunications connectivity, which is provided exclusively by third-party carriers; or device hardware or operating system capabilities required for Service functionality. "Third-party telecommunications providers" (or "Carrier Partners") means Licensed telecommunications operators that provide: Cellular network infrastructure; Mobile data connectivity; and Roaming services utilized for the Services.
To access and use the Platform and Services, Users may be required to complete the registration process through the App providing certain personal information that is required for registration and/or verification procedures. As a condition of accessing and using the Services, You agree to provide accurate, current, and complete personal information ("User Data") as requested during registration and/or verification. All information requested as part of the registration and/or verification process is covered by the Privacy Policy. By using email and password authentication to access the Platform, You expressly acknowledge and agree that you bear exclusiveresponsibility for maintaining the confidentiality of all login credentials and securely storing or memorizing authentication details. eSIMD shall not be liable for any unauthorized access resulting from Your failure to safeguard credentials or consequences arising from password sharing or insecure storage practices. You may also create an account through Your account in Google Sign-In and Apple ID. By using Social Login, You expressly acknowledge that eSIMD will have access to information from Your Google or Apple Account. You must not share Your login information, and You must ensure that Your login information is kept confidential. Regardless of authentication method, You shall maintain sole control over all login credentials; shall not disclose or share access credentials with any third party; and shall immediately notify eSIMD of any unauthorized account access.
To start using the Services, the Client needs to select and pay for a Data Plan (Package) according to their destination, desired traffic amount and validity period prescribed on the Platform. The assigned Data Plan will contain the exact Data capacity and will be available for a specified period of time as prescribed on the Platform. The Services may be used and are available only in the Country and/or Countries listed in the purchased Data Plan. Once registered in the App, selected and paid for the Data Plan, the Client receives an e-mail containing the eSIM in the form of a QR-code along with the alphanumeric characters for manual set up. Hereby You acknowledge and agree that You bear exclusive responsibility for verifying your device's compatibility with eSIM technology and support eSIMs prior to purchasing or using our Services.
All Services are provided on a prepaid basis only, requiring complete payment prior to activation. Upon complete consumption of your Data Plan Package: mobile data services will be automatically terminated. To continue using the Services, You need to purchase a new Data Plan. If You do not utilize the whole Data Plan until the end of the specified period of time of such Package, the Data Package will expire, and You will not be entitled to any refund. The Services may be set to autorenew if needed and/or desired by enabling a specific feature in the App. The feature can be enabled only manually.. Once enabled, auto-renewal binds to the eSIM, and no refunds will be provided for accidental activations or unused data. The default transaction currency for Services is set to Euro, but may be change to a preferred currency on the Platform. All available payment options are displayed on the Platform. All payments for Services are processed exclusively through Our authorized payment gateways; or Designated financial intermediaries. All the Payments remain subject to their terms of use and the availability of their service. Any purchase made by You will only become effective following receipt of an approval from the credit company and/or the clearing service provider that payment was actually made and collected. If payment is not actually collected and/or if the mentioned approval is not received on time, any given purchase shall not be valid and You will not have right, claim or demand, with respect to any such purchase.
The Customer has the right to ask for a refund or eSIM-replacement if the Customer is unable to
use the Services due to an error or omission made by eSIMD. A refund request must be made
within thirty (30) days following the date of purchase; provided that eSIMD shall have no
obligation to issue such refund if eSIMD is able to resolve the Customer’s inability to use the
Services within 10 days following Customer having given eSIMD notice of the issue. Customer
agrees to cooperate with eSIMD’s efforts to resolve such issues and acknowledges that eSIMD
shall have no obligation to issue any refund if Customer fails or refuses to do so. For purposes of
clarity, each data package provided by eSIMD has its own validity period and no refund will be
offered for the remaining data when such validity period expires.
Notwithstanding the foregoing, the following terms shall apply to the following:
(i)Fraudulent purchases: eSIMD reserves the right to refuse any form of refund if there is
evidence of abuse, violation of eSIMD’s Terms of Use, or any fraudulent activity connected with
using eSIMD products and services.
(ii)Unauthorized purchases: the Customer shall notify eSIMD immediately of any suspected
unauthorized purchases. The case will be subject to investigation and approval by eSIMD before
processing any refund. eSIMD reserves the right to suspend any account associated with
fraudulent activity.
(iii)Accidental purchases: Once the Customer installs the eSIM, it will be considered used. No
refunds will be offered after installation other than as expressly set forth in.
If the refund request is not within the above, we will investigate the request on a case-by-case
basis. If the refund is approved, a processing fee may apply. The maximum refund of credit a
Customer can apply for must be equal to or less than the total amount they paid.
To request a refund, contact eSIMD's support team at support@esimd.app Depending on the nature of the issue, Customers will be asked for further information to support
their refund request, such as screenshots of the device settings for technical issues or details of
why the invoiced amount is incorrect and, if possible, how much the Customer considers is due,
etc.
Each eSIM issued by eSIMD is permanently associated with the initial activation device; and cannot be transferred to a different device.No refunds will be granted based on this condition.
To successfully use our Services, your device is to be carrier-unlocked; and support all network operators. You acknowledge that some carriers/mobile providers may restrict device functionality, as well as such restrictions may prevent eSIM activation/usage; and these limitations are beyond our control. Prior to a purchase, you shall verify your device's unlocked status; and its compatibility with foreign networks. No refunds will be issued for Carrier-locked devices and/or Operator-imposed usage restrictions.
In case You have a question and/or encounter a problem with the Service, You may raise such a problem via the Ticket System in the App or contact Customer Support Team at support@esimd.app
The Services are provided on an “as is” basis without warranties or conditions of any kind, either express or implied, including, but not limited to, warranties or conditions of merchantability, fitness for a particular purpose, and non-infringement. ESIMD makes no warranties or representations about the accuracy or completeness of the content provided through the Services or the content of any sites linked to the Services and assumes no liability or responsibility in contract, warranty or in tort for any errors, mistakes, or inaccuracies of content, personal injury or property damage, of any nature whatsoever, resulting from customer’s access to and use of the Services, any access to or use of eSIMD’s secure servers and/or any and all personal information and/or financial information stored therein; and events beyond eSIMD’s reasonable control. Under no circumstances will eSIMD and affiliates or their corporate partners be liable for any direct, indirect, incidental, actual, consequential, economic, special or exemplary damages (including but not limited to lost profits, loss of data, loss of goodwill, service interruption, computer damage, system failure, failure to store any information or other content maintained or transmitted by eSIMD, or the cost of substitute products or Services) arising in connection with Customer’s use of or inability to use the services, even if advised of the possibility of the same.
We are committed to protecting your personal information in accordance with applicable data protection laws. To see how We collect, manage, process, secure, and store Your private information, please refer to Our Privacy Policy , which is an integral part of these Terms of Use and incorporated herein by reference. By accessing the Platform, you expressly confirm having read and understood the Privacy Policy, accept all its provisions and consent to our data processing activities as described therein. We strongly advise reviewing the Privacy Policy prior to initial Service use.
Mobile and roaming services are provided by Carrier Partners, therefore eSIMD cannot warrant or guarantee that the Services are in good quality, suitable, or deliverable. We disclaim any and all liability that may arise from the performance, including failure, in any Carrier Partners Networks.
The Client is strictly prohibited from using the Services to engage in unlawful, fraudulent, or abusive activities, disrupt service provision to other users, violate any applicable laws or regulations. You may not transmit harmful or disruptive materials, infringe third-party rights; or engage in any conduct we deem undesirable. We may immediately, without notice suspend or terminate your Account, restrict Service access; and forfeit any unused balances if we reasonably suspect violation of these terms. You expressly agree not to reverse engineer any Service components, attempt to extract or clone eSIM profiles, or transfer access rights to third parties. The eSIM and Services are non-transferable and limited to your personal use only.
We reserve the right to edit and modify the Platform and the Service, to change any part of the Platform, including its content, at any time, add or remove features, suspend, limit or stop a certain function on the Platform altogether, for any reason, at Our sole discretion, without notice to You and without liability whatsoever. We do not guarantee the continuous availability of the Platform nor the Service and/or any content or information therein. Furthermore, note that We may, from time to time, perform maintenance activities, during which the Services may not be available for use or which may cause degradation of Service. We reserve the right to monitor Your use of the Platform and the Service. Such monitoring shall not impose any liability on Us, nor derogate from Your obligations, responsibilities and liabilities hereunder.